Arms Act, 1959, Section 25(1B)(a) -- Recovery of bag containing three country made pistols and amount of Rs.10,000 - Secret information - Informant of case supported prosecution version about recovery of weapons, described in self statement - He has proved the seizure list and FIR - I.O and Expert examined and verified firearm weapons recovered from possession of accused -..........
Arms Act, 1959, Section 25(1AA), 26(1)(2) -- Recovery of bag containing three country made pistols and amount of Rs.10,000 - Secret information - Recovery of fire arms from possession of accused is proved on record - However, there is no evidence on record that any attempt was made by accused to prevent such weapons from being seen/known by officers working with Railways..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4 kg 400 gms charas - Search and seizure - Identification of possessor of bag - Recovery effected from bag kept beneath three seater bench of bus - However, it was not sure as to whom that bag belonged - There is material contradiction with regard to identity of possessor of bag in which..........
Rent and Eviction -- Vacation notice by tenant to vacate the premises on 5.10.1994 - Reply not given by landlord to the notice - Possession alleged to be delivered on 05.09.1996 - Landlord maintained a strategic silence only to raise a claim for rent later on - If possession was not handed over at that time a notice for payment of rent ought to have been issued in the..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Previous suit for specific performance and permanent injunction - Suit dismissed and appeal thereagainst pending - Subsequent suit for injunction on basis of same agreement to sell is barred by res judicata - Plaint rejected being barred by res judicata...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Contradictory statement of witnesses as to aspects of happening of incident, taking victim to the hospital, presence of PW1 at the time of alleged incident, detaining accused from bus stand or from his mother-i, law's house, recovery of material objects from possession of accused and lodging of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissed as premature - Plaintiffs purchased the land from predecessor-i, interest of defendants - Both the Courts below found that sale deed in question is a valid and genuine document - Plaintiffs were put in possession of land but revenue authorities have only entered mutation of small portion of land -..........
Contempt of Courts Act, 1971, Section 2(b), 11 -- Civil contempt - Willful disobedience - Contemnors/lessees agreed and undertook to hand over vacant possession of suit land on stipulated time - Petitioner already granted 2 years time from date of Memorandum of Compromise to lessee - Instead of honoring the undertaking given to Court, lessees produced subsequent notice..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Inspection of suit property - Plaintiff asserted that suit property was constructed property, while defendant's case was that it was vacant land - In such circumstances, trial Court while appointing Commissioner directed that only report as to constructions or absence thereof..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for mandatory injunction - Execution of decree cannot be stayed during pendency of suit to set aside ex parte decree - So long as decree holds ground, the same may be executed...........
